Planning Commission Packet - 10/02/1979 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
AGENDA
TIGARD PLANNING COMMISSION
1' October 2, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 SW Walnut Street - Tigard, Oregon
1. Open Meeting:
2, Roll Call:
3. Approval of Minutes from Previous Meeting(s) :
4. Planning Commission Communication:
5. Public Hearings:
A. Staff Report
B. Applicant's Presentation
C. Public Testimony
1. Proponent's
2. Opponent's
3. Cross-Examination
D. Staff Recommendations
E. Commission Discussion & Action
5.1 CONDITIONAL USE CU 21-79 (Optometrist Office)
A request by Dr. Charles H. Samuel for a Conditional Use Permit to
remodel and operate an Optometry office in a C-3 "General Commercial"
zone on a .16 acre parcel located at 9830 S.W. McKenzie. (Wash.
Co. Tax Map 2S1 2BD, Tax Lot 700) .
6. Old Business:
7. New Business:
8. Other Business:
9. Adjournment:
MINUTES
TIGARD PLANNING COMMISSION
October 2, 1979 - 7:30 PM
Fowler Junior High School - Lecture Room
10865 SW Walnut St. - Tigard, Oregon
President Tepedino OPENED the meeting at 7:35.
Present: Bonn, Funk, Helmer, Herron, Kolleas, Smith, Speaker, Tepedino
Absent: None
Commission Vacancies: One
Staff: Howard
The MINUTES of the September 18 meeting were considered. Speaker MOVED
approval as submitted. The motion was seconded and carried.
PLANNING COMMISSION COMMUNICATIONS :
Howard Reported Mrs. Shirley Pick-Simpson, who protested at length at
the recent hearing on a request by the developers of Pick's Landing, wished
further consideration and would be heard by the City Council at its next meeting.
Commissioner Kolleas reported on a complaint she received from a neighbor
of the Bishop development on Pacific Highway. Howard reported on his activities
on this matter, and stated there would be a public hearing before the Planning
Commission before there could be any progress on that phase of the development
complained of.
The President at 7:40 opened the PUBLIC HEARING portion of the meeting,
reading the usual notice of authority for and procedure of the meeting.
5.1 CONDITIONAL USE CU 21-79
A request by Dr. Charles H. Samuel for a Conditional Use to remodel and
operate an optometrist business in an existing two story house in a
A-2 "Multi-family Residential" zone on a . 16 acre parcel located at
9830 SW McKenzie, Tigard (Wash. Co. Tax Map 2S1 2BD, Tax Lot 700) .
Howard read the STAFF REPORT and RECOMMENDATION.
The APPLICANT'S PRESENTATION was made by Dr. Charles H. Samuel. He
reported that his plans for converting the present two-story residence
for his office purposes included restoration of the olde4 somewhat historic
residence to much of its original appearance. He stated he has received
the agreement for the easement for parking from the adjoining landowner.
COMMISSION DISCUSSION AND ACTION: Smith questioned whether the upstairs
would be rented. Dr. Samuel said it would not be rented for residential
purposes, but that perhaps he would use it for office space for the State
Board of Optometry. In response to Tepedino's question about compliance
with the Code for Conditional Use, Howard read the pertinent section from the
Code. Smith stated his business had recently seriously considered using the
property for its purposes. As a result of this careful study of the property
he felt the suggested use was a very good one, both for the property and the
neighborhood.
MINUTES
TIGARD PLANNING COMMISSION
October 2, 1979 - 7:30 PM
Page 2
Speaker MOVED approval of Conditional Use CU 21-79 based on Staff Findings
and Recommendations. Helmer seconded the motion. Smith raised a question
about the historical nature of the residence. It was stated it has not been
selected for preservation by any historical society or agency, so the matter
was dropped on the basis of Dr. Samuel's statements with respect to exterior
restoration. The motion then carried unanimously.
Thereupon the public hearing was closed.
OTHER BUSINESS:
The President thanked the Commissioners for their faithful support of
the Commission's work. He also cautioned about ex parte contacts, especially
with persons interested in matters coming before the Commission. Such
contacts are subject to and governed by state law. His advice was to refer
the individuals to the Staff and to remain noncommital in order to avoid
possible future embarrassment or worse.
Commissioner Helmer commended the Staff on the job they are now doing,
stating this expresses the sentiments of the local building industry.
Commissioner Herron's inquiry on the status of the Canterbury Woods
R
situation was responded to by Howard.
Howard then detailed the background of the Land Partition Ordinance, a
preliminary copy of which had been given the Commissioners for study and
comment. He stated there were no really substantive changes, but that this
was an attempt to produce an easily read, logically arranged working document
for those having occasion to use it, He called attention to several slight
corrections to the text, and explained the purpose behind certain of the
provisions.
After some general discussion of various aspects of the ordinance,
Speaker MOVED the Planning Commission recommend for adoption by the City
Council the revised Land Partition Ordinance as amended in accordance with
Howard's presentation. The motion was seconded by Helmer and unanimously
approved.
The President declared the meeting adjourned at 8:45„
PUBLIC NOTICE
r TIGARD PLANNING COMMISSION
October 2, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 SW Walnut Street - Tigard, Oregon
5. PUBLIC HEARINGS
5.1 CONDITIONAL USE CU 21-79 (Optometrist Office) NPO #1
A request by Dr. Charles H. Samuel for a Conditi_on.al. Use Permit
to remodel and operate an Optometry office in a C.3 'General
Commercial" zone on a .16 acre parcel located at -12-7 - ]"�aCt !Yeh
fly. (Washington County Tax Map 2S1 2BD, Tax Lot 700) . 9E30 r,,
4,'{a"
Publish TT 9/19/79 & 9/26/79 '
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STAFF REPORT
AGENDA 5 .1
TIGARD PLANNING COMMISSION
October 2, 1979 - 7:30 P.M.
Fowler Junior High - Lecture Room
10865 SW Walnut Street - Tigard
DOCKET: CONDITIONAL USE CU 21-79
APPLICANT: Dr. Charles H. Samuel Owner: Mr. & Mrs. Dwight Reicks
12720 SW Pacific Hwy. 9830 SW McKenzie
Tigard, OR 97223 Tigard, OR 97223
APPLICATION
DATE: August 28, 1979
SITE
LOCATION: 9830 SW McKenzie, Tigard (Wash. Co. Tax Map 2S1 2BD, Tax Lot 700) .
REQUEST: For a Conditional Use to remodel and operate an optometrist
business in an existing two story house in a A-2 "Multi-family
Residential" zone on a .16 acre parcel.
GENERAL
STATEMENT: • The Public Notice indicated that the subject site was in the
C-3 "General Commercial Zone". In further research, it has
been found that the zone map was inaccurate and that the subject
site is actually zoned A-2 "Multi family". Public Notice was
corrected to reflect this change.
I. Findings of Fact:
1. The subject site is zoned A-2 "Multi family Residential" and is
designated the same in the NPO #2 Plan.
2. The applicant proposes to remodel the existing two story house
into an optometrist office.
3. The surrounding land uses are apartments to the west and south.
To the northwest is the St. Anthony's church. To the north
is a single-family residence and to the northeast is Floyd's
Restaurant. To the east is the parking lot and Wendy's Fast
Food Restaurant.
4. This request is in conformance with Section 18.24.020 (5) of
the Tigard Municipal Code. ei
5. The following NPO #2 Plan Policy' is applicable.
Policy 24, Page 24 - Site and Public Improvements.
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6. The NPO #2 Plan does not speak specifically to professional
offices in A-2 Zones as a permitted Conditional Use. However,
such use is a supportive business to residence in the area and
the subject site is adjacent south and west of other commercial
businesses.
7. Access to the site will be off S.W. McKenzie. S.W. McKenzie
is a City street having 45 feet of right-of-way with twenty
feet of paving, curb and sidewalk on the subject site side. ',
S.W. McKenzie only permits west bound traffic movement.
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8. Sewer and water are presently on site with ample capacity to
service the intended use.
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II. Conclusionary Findings:
1. The requested use is a Conditional use in an A-2 Zone.
2. The request is consistent with the NPO #2 Plan since it provides
a service for the adjacent residence and buffers the residential
area from the Wendy's Restaurant and Pacific Highway traffic.
3. The site plan indicates that proper parking, traffic and
pedistrian circulation can be accomodated. (See attached site
plan) . .
III . Staff Recommendation:
Staff recommends approval subject to the following conditions:
1. That the interior modifications of the existing structure be
approved by the Building Official prior to any remodeling or
alterations.
2. That the applicant receive site design approval. '
3. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and
changes are approved by that department. Application for changes
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will be made in writing and shall include applicable drawings,
engineering specifications and other details requested by the
department. No construction shall take place in these instances
until after the changes have been approved. Any deviation from
this condition will result in the immediate posting of a stop
work order on the project or any portion of the project.
1111 ,
Report prepared by: Ken y Approved by: :...I�Howard
Asso ate City Planner , . ng Director